The Madhya Pradesh High Court has ruled that Lok Adalat cannot permit withdrawal from prosecution without a compromise between parties or hearing the victim. This decision emphasizes the importance of adhering to due process and ensuring that the Public Prosecutor applies their independent mind when seeking withdrawal from prosecution.
This ruling contributes to a more nuanced understanding of Lok Adalat’ role in the justice system, ensuring that their authority is exercised judiciously and in accordance with the law. Public Prosecutor Cannot Act on the Dictates of the State; Must Apply Independent Mind Before Seeking Withdrawal High Court of Madhya Pradesh at Jabalpur delivered a landmark verdict, striking down the withdrawal of a criminal case that was allowed by a Judicial Magistrate in a National Lok Adalat without hearing the victim and without proper judicial or prosecutorial scrutiny. The Court observed that the Public Prosecutor cannot act like the post office on behalf of the State Government, and held that any withdrawal from prosecution must pass the dual test of independent prosecutorial discretion and informed judicial consent.
Key Points:
Limited Jurisdiction: Lok Adalat are designed to facilitate settlements and compromises, not adjudicate cases on merits.
No Withdrawal Without Compromise: Lok Adalat lack authority to withdraw cases under Section 321 CrPC without a compromise between parties.
Victim’s Rights: The court stressed the importance of hearing the victim before allowing withdrawal from prosecution.
Public Prosecutor’s Role: The Public Prosecutor must apply their independent mind when seeking withdrawal, rather than acting on the state’s dictates.
Implications:
Safeguarding Due Process: This ruling ensures that Lok Adalat do not overstep their jurisdiction and compromise the rights of parties involved.
Protecting Victim’s Rights: The decision highlights the importance of considering the victim’s interests in cases involving withdrawal from prosecution.
In conclusion, the Madhya Pradesh High Court’s ruling on Lok Adalat’ limited authority in withdrawing prosecution cases underscores the importance of due process and protecting victim’s rights. By clarifying that compromise is essential for withdrawal, this decision promotes fairness and transparency in the justice system.
